EucoLight position paper addressing the responsibility of online marketplaces regarding non-compliant products.
EucoLight commends the European Commission for its efforts to propose, with the Digital Services Act (DSA), new obligations on online companies to address concerns about illegal content. But there is room for improvement to address the responsibility of online marketplaces.
EucoLight main recommendations:
- The DSA should distinguish the liability of online platforms, which offer products to consumers in the Union (online marketplaces), from that of other type of providers of intermediary services.
- Online platforms, which offer products to consumers in the Union (online marketplaces), should perform compulsory ex-ante compliance checks, failing which they would bear the liability as producers of the products for which they facilitate the access to the consumer in the Union.
